PABLO V. OCAMPO, petitioner, vs.

HOUSE OF
REPRESENTATIVES ELECTORAL TRIBUNAL AND MARIO B.
CRESPO a.k.a. MARK JIMENEZ, respondents

[G.R. No. 158466. June 15, 2004]

Facts:

Pablo Ocampo filed an electoral protest in the House of

Representatives Electoral Tribunal (HRET) alleging that Mario Crespos, (also
known as Mark Jimenez) win was due to election fraud and vote buying.
In March 2003, Crespo was declared by the HRET ineligible for office due to
lack of residence in the said district of Manila. Due to such declaration,
Ocampo then requested the HRET to declare him as the winner of the
election done in 2001 since he received the second highest number of vote
(next to Crespo, with just a margin of 768 votes), he should be declared as
the winner of the said election. HOWEVER, The HRET denied Ocampos
petition.

Issue:

Whether or not a second placer in congressional elections can be

proclaimed the duly elected Congressman.

Held:

No, it is settled jurisprudence that the subsequent disqualification of a

candidate who obtained the highest number of votes does not entitle the
candidate who garnered the second highest number of votes to be declared
the winner. The latter could not be proclaimed winner as he could not be
considered the first among the qualified candidates.

Voters are not afforded the opportunity of electing a substitute

congressman in the eventuality that their first choice dies, resigns, is
disqualified, or in any other way leaves the post vacant. There can only be
one representative for that particular legislative district. There are no
runners-up or second placers. Thus, when the person vested with the
mandate of the majority is disqualified from holding the post he was elected
to, the only recourse to ascertain the new choice of the electorate is to hold
another election.